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Last Updated: 06/10/2006
All questions regarding this agreement should be sent via email to affiliates@bidonusa.com.
All Affiliate applications are subject to approval by BidOnUSA(usually takes 1-2 business days). If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time.
To be an authorized affiliate of BidOnUSA.com, which is offered by BidOnUSA, Inc., you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the BidOnUSA service as an affiliate. By signing up for the BidOnUSA affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
BidOnUSA.com will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. By registering for the Program and accepting these Terms and Conditions, Affiliate must be at least 18 years of age.
Affiliate is solely responsible for insuring that their Affiliate Link is set up properly to qualify for commissions.
Items listed on Froogle (or any of its successor sites) are excluded from Commission-Earning Activity.
BidOnUSA reserves the right to delay or suspend your compensation if there is a suspicion of bad faith associated with any transaction driven by You.
Affiliate agrees to receive BidOnUSA e-mail, including but not restricted to sales reports, training, newsletters, plus other messages from BidOnUSA Affiliate Program.
You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of BidOnUSA.com and third parties.
MODIFICATIONS
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We may modify any of the terms and conditions of this Agreement at any time and in its sole discretion. You will be notified by e-mail, using the e-mail address currently listed in your Affiliate Profile, and a change notice or a new agreement will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice or a new agreement has been posted will constitute binding acceptance of the change.
FRAUD
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If you commit fraud or falsify information in connection with the referral of BidOnUSA.com through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to BidOnUSA.com for any and all damages that BidOnUSA.com suffers as a result of such actions. You will also be responsible for returning to BidOnUSA.com all commissions received for fraudulent/falsified sales, and we will not hesitate to pursue all legal courses of action against you to the fullest extent possible under the law.
LIMITED LICENSE
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We grant you a nonexclusive, nontransferable, revocable right to link to our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in providing sign ups for BidOnUSA.com. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the BidOnUSA.com Affiliate Program. We may revoke your license anytime by giving you written notice through email, certified mail, regular mail, or registered mail.
INDEPENDENT CONTRACTORS
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You and BidOnUSA.com are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, employment relationship between the parties, fiduciary or other similar relationship. You will have no authority to make or accept any offers or representations on our behalf.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
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Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of BidOnUSA.
AFFILIATE'S PRIVACY
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Password - Affiliate is entirely responsible for any and all activities which occur under Affiliate's password. Affiliate agrees to keep its password confidential, to allow no other person or company to use its password, and to notify BidOnUSA promptly if Affiliate has any reason to believe that the security of its account has been violated. You must ensure that you logout and exit from your account at the end of each session.
Privacy Policy - Except as expressly provided in these Terms and Conditions, information submitted by Affiliate in connection with the Program shall be governed by the BidOnUSA Privacy Policy.
NO AFFILIATE LINKS
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You may not include affiliate links on any BidOnUSA.com page or BidOnUSA-owned page, such as BidOnUSA listing or BidOnUSA Store.
INDEPENDENT INVESTIGATION
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You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the BidOnUSA.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
BIDONUSA AGREES TO
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- Pay Affiliate commission for confirmed sign-up reaching the BidOnUSA.com site via your affiliate link. Sign-ups must be made within the "window" of 31 days and recognized by the affiliate software. Please note: Within the 31 days period, affiliate gets credit for confirmed sign-up from Unique IP/Computer only. After 31 days, the IP logs/Cookies will be expired.
- Pay Affiliate on a monthly basis when your account has reached a minimum of $50.00 USD. If you earned less than $50.00 USD, your commission will be rolled over into the next month's earnings. We will send you a check or send to your PayPal account for the referral fees earned, less any taxes that we are required by law to withhold.
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- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- Place BidOnUSA.com Links or banners on your site.
- Observe BidOnUSA.com's exclusive rights as to the names of its properties, including but not limited to BidOnUSA.com, within all pay-for-placement and other search engines. Additionally, Affiliate may not claim to be BidOnUSA.com in any pay-for-placement or other search engines. If Affiliate violates this policy, Affiliate will be terminated and BidOnUSA.com reserves the right to charge back, and/or disallow any and all commissions.
- Remove all links regarding BidOnUSA.com sweepstakes and other promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
- Not post to a Newsgroup or Chat Room to be Spam.
- Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
- Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
- Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
- Make sure that your site does not copy or resemble the look and feel of BidOnUSA.com or create the impression that your site is our site or a part of our site.
- Not use the word "bidonusa" or any variation thereof in its domain name.
- Not violate any applicable law or regulation having the force of law, or that includes offensive or hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
COOKIES & IP LOGS
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Commissions are tracked through the use of cookies and IP logs. In some cases it will not be possible to track traffic from the Affiliate's site to BidOnUSA.com through cookies, because the visitor is using cookie-blocking software. That is where IP logs back this up. Our tracking software will track transactions(but we can not 100% guarantee). BidOnUSA.com is only responsible for paying commissions on sales that can be tracked back to the Affiliate using the technology in use by BidOnUSA.com.
Furthermore, BidOnUSA.com uses a "last Affiliate owns the visitor system," under which a particular Internet user is assigned to the last affiliate site he visited prior to entering BidOnUSA.com and making a purchase. For instance, the user visits Affiliate #1; then enters BidOnUSA.com but does not sign up; then later visits Affiliate #2; finally enters BidOnUSA.com and signs up. In this case the credit is assigned to Affiliate #2, and the commission is paid to Affiliate #2.
LIMITATION OF LIABILITY
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We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
CONFIDENTIALITY
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Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. This survives the term of the agreement.
DISCLAIMERS
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THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDONUSA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. We make no express or implied warranties or representations with respect to the BidOnUSA.com Web site or the BidOnUSA.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
RELEASE
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Affiliate hereby agrees to release BidOnUSA and its parents, subsidiaries, affiliates, officers, directors, agents, shareholders, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Program. Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
TERMINATION
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The terms of this Agreement will begin upon our acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all BidOnUSA.com trademarks, service marks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Upon termination, Affiliate may not register for any subsequent participation in the Program or rejoin the Program, without the prior, written consent of BidOnUSA.
INDEMNITY
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Affiliate agrees to indemnify and hold harmless BidOnUSA, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of Affiliate's conduct, Affiliate's web site(s), Affiliate's participation in the Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s), any claim that BidOnUSA is obligated to pay tax obligations in connection with compensation paid to Affiliate pursuant to the Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to Affiliate's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate's web site(s).
FORCE MAJEURE
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Under no circumstances shall BidOnUSA be liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
TAX OBLIGATIONS
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It is each Affiliate's (and not BidOnUSA's) obligation to ensure that the Affiliate obtains, completes in full, and provides BidOnUSA with the necessary and appropriate Internal Revenue Service or other tax forms so that BidOnUSA may pay such Affiliate any commissions due Affiliate.
Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with Affiliate's participation in the Program, including, without limitation, foreign taxes, United States federal, state, and local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI, and any other such taxes and deductions ("Taxes") with respect to any earnings or payments made hereunder, whether or not BidOnUSA legally is required to deduct said Taxes from the payments due to Affiliate hereunder. Affiliate understands and agrees that BidOnUSA shall not be responsible for withholding any Taxes from any payments due to Affiliate. Affiliate agrees to indemnify and reimburse BidOnUSA from any claim for assessment of Taxes by any foreign, United States federal, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this Section.
REPRESENTATIONS AND WARRANTIES
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You hereby represent and warrant to us as follows:
This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.
DIALERS
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Your site must not require or prompt an end-user to download a dialer in order to view content of the site.
PROHIBITED SOFTWARE
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You may not use any software to advertise, market or promote the BidOnUSA.com Affiliate Program, BidOnUSA.com Products, your participation in the Affiliate Program or the BidOnUSA.com Service if the software does any of the following:
- Surreptitiously gathers a user's personally identifiable information without the user's explicit consent
- Restricts the user's ability to close and pop-ups, pop-unders, or other advertisements that cover otherwise viewable content
- Displays an unreasonable number of pop-up or pop-under advertisements per day or per web browsing session
- Markets to someone under the age of 18
- Sends unsolicited information or material to another computer
- Diverts the user to another site not requested by the user
- Initiates or terminates a user's connection to the Internet
- Modifies the user's settings with respect to browser home page, Internet connections (including default access provider), bookmarks, or security levels
- Keystroke logging
- Automatically re-installs or re-activates itself or another application after being uninstalled or removed by the user
- Removes or disables security, pop-up-blocking, anti-virus, anti-Adware, or anti-spyware programs on the user's computer
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Affiliates will be removed from the BidOnUSA.com Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that enable diversions of commission from other affiliates in our program.
Such systems include those commonly known as "ParasiteWare" or that carry out functions commonly known as "Parasitic Marketing." ParasiteWare is software (including, but not restricted to, browser helpers, browser plug-ins, toolbars and pop ups/sliders) that knowingly or unknowingly undermines or removes another affiliate's ability to compete by changing, intercepting or redirecting an affiliate link. ParasiteWare may be installed knowingly or unknowingly by the end user, altering their normal web browser functions and/or installing a third party application that works through the user's altered browser.
Affiliate also agrees not to use any kind of technique that intercepts natural searches to redirect traffic through an installed software, thereby causing commission-tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the natural search. (Natural search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, LookSmart and similar search or directory engines)
Affiliate agrees not to use any technique or marketing program that might reasonably be considered "predatory" or manipulative. BidOnUSA.com reserves the right to determine whether a technique or program is unreasonable. In the event of a breach of this Agreement by Affiliate and/or a third party or licensee, BidOnUSA.com shall immediately terminate this agreement, and, in addition to all other remedies available to it, BidOnUSA.com shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting BidOnUSA.com.
Affiliate agrees to indemnify, defend and hold BidOnUSA.com harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Anti-Predatory Policy.
E-MAIL MARKETING
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Affiliate agrees to not utilize SPAM in promoting BidOnUSA. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the BidOnUSA Affiliate Agreement and subject to legal action. BidOnUSA.com will not accept responsibility for any "SPAM" e-mails sent by an affiliate pertaining to BidOnUSA.com.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about BidOnUSA, who has not specifically requested the information directly from Affiliate.
Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of e-mail that contains messaging regarding BidOnUSA.com. More specifically, e-mail that meets this criteria:
- May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
- Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;
- Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial e-mail from Affiliate;
- Must provide a valid physical postal address of Affiliate;
- Must provide a functioning return e-mail address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial e-mail, a reply e-mail or other Internet-based mechanism a request not to receive future commercial e-mail from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial e-mails more than ten (10) business days after the recipient's request not to receive further e-mails has been received (unless there is a subsequent affirmative consent by the recipient to receive such e-mails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the e-mail address of the recipient.
- May not contain materially false or materially misleading header information, or deceptive subject heading.
- May not contain sexually oriented material.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam.
In addition, in the event of a breach of this E-mail Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, BidOnUSA.com shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting BidOnUSA.com, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this E-mail Agreement.
Affiliate agrees to indemnify, defend and hold BidOnUSA.com harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this E-mail Agreement.
ASSIGNMENT
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This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of BidOnUSA.com.
RESERVATION OF RIGHTS
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BidOnUSA.com may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. BidOnUSA.com also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
GOVERNING LAW
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This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles county, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
LIMITATION OF ACTIONS
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Affiliate agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in the Program or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
CONSTRUCTIONS
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All headings in these Terms and Conditions are for convenience only and shall have no legal or contractual effect. Whenever the context permits, the use of a particular gender shall include the masculine, feminine and neuter genders, and any reference to the singular or the plural shall be interchangeable with the other.
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